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Showing 9865–9888 of 19,275 articles for “eme”

Stevedores and the Duty of Care: When Cargo Damage Is Not Negligence

Philippine Supreme Court clarifies that stevedores owe ordinary diligence, not the higher standard of common carriers, in loading and stowing cargo.

Novation Must Be Clear: Restructuring Agreements Do Not Automatically Extinguish Prior Obligations

Philippine Supreme Court ruling on when debt restructuring novates an obligation and when it merely modifies the original agreement.

Filing a Baseless Suit Does Not Automatically Mean Paying Damages: Delos Santos v. Papa

The Supreme Court clarifies that losing a lawsuit does not automatically entitle the winning party to moral and exemplary damages.

Resolving Jurisdictional Conflicts Concurrent Jurisdiction VS Forum Shopping IN Intra Corporate Disputes

Learn how Philippine courts handle overlapping jurisdiction and forum shopping in intra-corporate disputes, based on a 2009 Supreme Court ruling.

When Courts Can Take Judicial Notice of Industry Practice in Labor Disputes

Supreme Court clarifies judicial notice limits, independent contractor tests, and abandonment rules in South Davao Development Co. v. Gamo.

Assignee's Rights Determine Court Jurisdiction in Construction Contract Disputes

Supreme Court rules that an assignee's claim over retention money is not a construction dispute, so regular courts, not CIAC, have jurisdiction.

Intersection Collisions and Driver Negligence: Who Has the Right of Way in the Philippines?

Philippine Supreme Court clarifies right of way rules, driver negligence, and fault in intersection collisions under RA 4136.

Double Sale and Good Faith Registration: Pagaduan v. Ocuma on Property Rights

Explore how the Supreme Court ruled on double sale, good faith registration, and prescription in Pagaduan v. Ocuma.

Navigating Mining Disputes When DO Courts NOT Mining Agencies Decide

The Supreme Court clarifies when regular courts, not the Panel of Arbitrators, have jurisdiction over mining-related contract disputes under the Philippine Mining Act.

Safeguarding Rights Illegal Drug Conviction Overturned Due to Evidence Chain Break

Philippine Supreme Court acquits drug suspect when police break chain of custody, reinforcing that evidence integrity is vital to conviction.

Accountability for Deadly Assault: Distinguishing Frustrated Homicide from Murder Through Intent and Circumsta

The Supreme Court clarifies when a near-fatal bolo attack is frustrated homicide versus murder, and how intent and treachery are proven.

Double Sale: Good Faith Registration Prevails Over Prior Knowledge in Land Disputes

Philippine Supreme Court clarifies double sale rule: bad faith registration confers no right, even if registered first.

Attorney Suspended for Drafting Illegal Lease Agreements: Ethics in Legal Practice

A lawyer's six-month suspension for drafting lease contracts exceeding legal limits for aliens—a lesson in professional responsibility.

When Courts Can Relax Filing Deadlines: Hierarchy of Courts and Final Judgments

The Supreme Court clarifies when direct recourse to it is allowed, and why final judgments cannot be set aside by belated claims of indigenous status.

Protecting the Vulnerable: The Credibility of Child Witnesses in Rape Cases

Philippine Supreme Court affirms rape conviction based on a six-year-old's testimony, explaining why minor inconsistencies do not destroy a child witness's credibility.

Just Cause vs Due Process: What Bacolod-Talisay Realty Teaches About Employee Dismissal

Philippine Supreme Court ruling on dismissal with just cause but defective procedure, explaining nominal damages for employees.

Illegal Dismissal: Employer Bears Burden of Proving Just Cause and Due Process

Philippine Supreme Court ruling on employer's burden to prove just cause and due process in illegal dismissal cases.

MTRCB Power to Regulate TV Broadcasts: Free Speech vs Public Welfare

Explaining the Supreme Court ruling in Soriano v. Laguardia on MTRCB regulatory powers over television broadcasts and free speech limits.

Supreme Court Upholds Ejectment for Lease Violation Despite Late Position Paper

SC rules on unlawful detainer, late position papers under summary procedure, and damages recoverable in ejectment cases.

Moral Turpitude and Electoral Disqualification: The Teves Case Explained

The Supreme Court clarifies when a conviction for a prohibited interest involves moral turpitude, using the Teves cockpit case as guide.

When a Dismissal for Breach of Trust Goes Too Far: Gulf Air v. Reyes

The Supreme Court ruled that not every company-rule violation justifies dismissal. In Gulf Air v. Reyes, an inadvertent breach led to suspension, not termination.

Solicitation Ban Upholding Integrity in the Judiciary

Court personnel dismissed for soliciting from bonding companies using fake Supreme Court letterheads. Learn the rules on improper solicitation.

Deportation and Drug Convictions: Broadening the Scope of Philippine Immigration Law

The Supreme Court rules that foreign drug convictions justify deportation under Philippine immigration law, rejecting a narrow reading of Section 37(a)(4).

Piercing the Corporate Veil: When a Principal Becomes the True Employer in Labor-Only Contracting

When is a principal the real employer? The Supreme Court clarifies labor-only contracting rules in Iligan Cement Corporation v. IEWU-SPFL.